Allen v. Crews

This is an appeal from the trial court’s order dismissing Appellant Derrick Allen’s complaint, which alleged that the Department of Corrections (“DOC”) failed to properly inventory or preserve his collection of books. We affirm without comment the trial court’s dismissal as to all of the defendants except the Secretary of the DOC, in his official capacity. As to the Secretary, we reverse and remand.

In cases involving the DOC’s alleged negligent handling of inmate property, “[t]he exclusive remedy ... shall be by action against the governmental entity, or the head of such entity in her or his…